Tennessee's medical cannabis bill passes first Senate committee, but fails in second committee; legislature approves study commission and expands CBD law instead
Last update: June 30, 2021
Tennessee is one of only 14 states that has not authorized medical cannabis, but lawmakers made unprecedented progress on the issue in 2021. Sponsored by Sen. Janice Bowling, SB 854 would have legalized medical cannabis for qualifying patients and established a Medical Cannabis Commission to regulate production and sales. On March 2, 2021, the Senate Government Operations Committee approved SB 854 in a 6-2 vote. Sadly, the bill was rejected (6-2) by the Senate Judiciary Committee on March 23.
Although SB 854 did not pass, the legislature approved another bill, SB 118, that creates a study commission to consider medical cannabis. The commission is required to report to the legislature by January 1, 2022. The bill would also expand the state’s ineffective CBD law by allowing additional medical conditions to qualify and increasing the allowable threshold in CBD oil to 0.9%.
Advocates will make another effort to pass effective medical cannabis legislation in 2022.
Tennessee is also one of only 18 states that still penalize simple possession of cannabis with jail time — possession of a half-ounce or less is punishable by nearly a year of incarceration.
While Tennessee voters overwhelmingly support both medical cannabis and legalization, Tennessee doesn’t have a voter initiative process. Only elected officials have the power to change state law.
Current cannabis laws in Tennessee
Cannabis, for both medical and recreational uses, is not legal in Tennessee. However, there is an exception that allows the use of high-CBD, low-THC cannabis oil for seizure patients.
Possession and cultivation both remain illegal. Possession of any amount is a misdemeanor, punishable by up to 11 months, 29 days in prison and up to a $2,500 fine. Cultivation of 10 plants or less is a felony, punishable by one to six years in prison, and the penalties increase significantly for each additional plant being grown.
Until 2016, third and subsequent convictions for the possession of cannabis were felonies, punishable by one to six years in prison and a fine of up to $3,000. But in 2016, the legislature reduced that penalty to a misdemeanor, so people convicted of non-violent possession of most drugs will no longer suffer the stigma of a lifelong felony record.
The state is blocking decriminalization. Meanwhile, the two largest cities in Tennessee – Memphis and Nashville – both passed ordinances in 2016 that gave an officer the discretion to charge someone with a civil infraction for possessing small amounts of cannabis.
ACLU study shows racially disparate cannabis enforcement
An ACLU report found that in 2018 Black individuals were arrested at more than three times the rate of white individuals in Tennessee, despite the fact that both races consume cannabis at about the same rate.
While legalization does not eliminate disparities, it dramatically reduces the total number of cannabis arrests — and thus the damage done by unequal enforcement. Encouragingly, five of the seven states with the lowest disparities had previously enacted legalization laws.
1981: In 1981, HB 314 created a therapeutic research program — which was operational — for cancer chemotherapy or radiology or glaucoma (cannabis or THC). The program was administered by a Patient Qualification Review Board within the Board of Pharmacy, which was authorized to contract with the federal government for cannabis. The program was repealed by SB 1818 in 1992.
2015: Tennessee Gov. Bill Haslam signed SB 280 into law, against his earlier opposition. The bill legalized the possession and use of cannabis to treat a limited number of severe conditions, including epilepsy. The bill has no provisions for legal sale, thus requiring patients to acquire the drug outside the state of Tennessee; possession of CBD oil without proof that it was obtained legally outside of Tennessee is a misdemeanor.
2016: Tennessee tweaked its ineffective low-THC law by enacting HB 2144 on May 20, 2016. The law provides that patients may possess CBD oils with no more than 0.9% THC if they have “a legal order or recommendation” for the oil and they or an immediate family member have been diagnosed with epilepsy by a Tennessee doctor.
2017: The legislature enacted HB 1164, modifying Tennessee’s industrial hemp law to allow the production of hemp with 0.3% THC or less. The law requires hemp growers to be licensed by the Department of Agriculture. It also provides that hemp is not cannabis under the state’s controlled substances act if it is either (a) viable and possessed by a licensed hemp grower, or (b) nonviable and is procured in accordance with department rules.
2021: The legislature passed SB 118, which creates a study commission for medical cannabis and improves the CBD law by making it available for more conditions and increasing the allowable THC limit to 0.9%.